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| This is how the Taliban handles spies. |
I'll preface this piece by saying for the record "I am NOT a spy nor have I EVER been a spy. I have NEVER worked inside the intelligence community. What you read here is my opinion backed up by historically factual information." Whew! Now that I've gotten that out of the way, we can discuss a topic I've been meaning to cover - why unauthorized disclosure of sensitive information should remain illegal without legal protections for anyone.
Most people have no clue how the United States and other countries obtain their human intelligence. They assume we send American spies into foreign lands who sneak around embassies and high-end hotels and casinos battling terrorists and criminal kingpins. Most students of modern US intelligence will tell you that is NOT the case. In fact, how we get that intelligence is by sending American intelligence officers who are trained to be clandestine but who do not steal information themselves. That's right. Most human intelligence officers are highly-trained salesmen and recruiters who work diligently to get citizens from target countries to spy on their respective countries. In other words, our HUMINT officers convince other people to betray target states and organizations. We can also get that information by using third-party human intelligence from another country who may be more ethnically credible to penetrate certain denied areas. We'll touch on that later.
This week you have no doubt heard about the
Associated Press debacle with the Department of Justice. What you may not be aware of is the "leak" in question is about
the alleged penetration of our government and the Saudi government into the terrorist organization al Qaeda of the Arab Peninsula (AQAP). This was a highly classified operation which I can only assume involved undercover assets who were willing to betray this very dangerous organization. Someone in the Obama administration took it upon themselves to reveal this operation to the Associated Press. This, of course, is VERY illegal and for good reason. Remember those undercover assets I mentioned previously? What do you think would happen to those assets who were operating without the expectation their involvement would be made public to the largest news source in the world? Take a wild guess.
Do you remember
Aldrich Ames? He's the guy who betrayed his country and sold secrets to the USSR. What you may not know is that through his leak,
he inadvertently killed 10 Russian citizens who fed the Central Intelligence Agency information. How about
Valerie Plame? She's another asset who was "burned" (her covert identity revealed publicly) for very political reasons allegedly. I can assure the target country she worked in, Iraq, deployed several counterintelligence agents to contacts she had in that country. Once an operation has been "burned", all of the assets involved are compromised and can no longer conduct their missions.
Given what you watched above, take a few things into consideration:
- The very real danger they pose throughout the region they operate in.
- How recluse and difficult such organizations can be and the difficulty to get someone to betray this organization.
- The operations we were able to stop because of this operation. One of which was the latest plane plot by AQAP.
- The potential for further penetration and more insightful intelligence disappearing because a bureaucrat in D.C. took it upon themselves to deliver to the Associated Press information about the success of this ongoing operation.
- The likelihood the assets were compromised and the likelihood of their survival and those with whom they had contact.
So you can imagine my surprise to learn of the AP's outrage that the DoJ was investigating their contacts with various people who had knowledge of this operation. You've heard, no doubt, the DoJ subpoenaed the AP's call records for over two months and then those of reporters who may have been the source's contact. I have 11 years of criminal investigations experience and will be the first to attest that this is very customary when you're looking to connect people from one area to another. Whether or not, the DoJ should have subpoenaed the AP's phone company is a different story and "way above my pay grade".
As you can guess, unauthorized disclosure of classified information is a
crime. It's actually a
very serious crime. Don't believe me. Here's the statute. You'll do good to note there is
zero accommodation or exemption for releases to the press.
(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
Shall be fined under this title or imprisoned not more than ten years, or both.
(b) As used in subsection (a) of this section—
The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;
The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;
The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;
The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;
The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.
(c) Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.
(d)
(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—
(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(B) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).
(3) Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) ofsection 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)–(p)), shall apply to—
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524 (c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42U.S.C. 10601) all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.(5)As used in this subsection, the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
As you can tell, the law is very specific and for good reason, as I outlined before. The business of deriving the intelligence we need from terrorist organization and rogue states requires secrecy. The best way I can describe the importance of keeping clandestine operations secret is to have you watch my child and I play "hide-and-go seek". Children love to tell you where they're going to hide because it makes it easier for you to catch them. Imagine if your child was very clever and never told you where they were hiding. Better yet, what if you never knew they were playing the game. Then, imagine if the stakes were higher - much higher than preempting a really good game. The same could be said of the modern spy game were exponentially more lives are at risk.
